Honolulu, Hawaii


RE: S.B. No. 2228

S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii




Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2228 entitled:




begs leave to report as follows:


The purpose and intent of this measure is to prohibit:


(1) The sale of flavored products for electronic smoking devices;


(2) The mislabeling of e-liquid products containing nicotine; and


(3) The sale of electronic smoking devices, e-liquid, electronic smoking device accessories, and flavored products for electronic smoking devices other than through retail sales via a direct, in-person exchange between a retailer and consumer.


Your Committee received testimony in support of this measure from the Department of Health; one member of the Maui County Council; University of Hawaii Student Health Advisory Council; American Heart Association; American Cancer Society Cancer Action Network; Hawaii American Nurses Association; Hawaii Dental Hygienists' Association; Hawaii Primary Care Association; American Academy of Pediatrics, Hawaii Chapter; Hawaii Public Health Institute; Pono Hawaii Initiative; Hawaii Pacific Health; Hui No Ke Ola Pono; Hawaii COPD Coalition; Hawaii Dental Association; Hawaii Youth Services Network; Flavors Hook Kids Hawaii; Kapiolani Smokefree Families; Hawaii State Teachers Association; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Smokers Alliance; Logic Technology Development, LLC; VOLCANO eCigs; and forty-seven individuals. Your Committee received comments on this measure from one individual.


Your Committee finds that there has been a dramatic increase in the use of electronic smoking devices by Hawaii's youth and that a significant driver of this increase is the availability of flavored products. The tobacco industry and electronic smoking device industry have significantly increased the introduction and marketing of flavored non-cigarette tobacco products for electronic smoking devices. Adding flavors to tobacco changes the taste and reduces the harshness of the otherwise unflavored tobacco product, making smoking more appealing and easier for beginners to try. Therefore, to ensure the health and safety of consumers, especially youth and teenagers, it is necessary to further regulate the electronic smoking device industry, particularly the sale of flavored non-cigarette tobacco products.


Your Committee has amended this measure by:


(1) Inserting language that establishes the offense of unlawful shipment of e-liquid products;


(2) Inserting language that includes e-liquid and electronic smoking devices containing e-liquid within the definition of "tobacco products", as used in the cigarette tax and tobacco tax law; and


(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.


As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2228, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2228, S.D. 1, and be referred to your Committee on Judiciary.


Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,